The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-03
DIDN'T KNOW HE WAS IN LUCK.
A Persistent Lawyer Wants a Fence
and Loges the Earth

and Loses the Earth.
II is sometimes the case that when man
insists upon having an mon fence around
the earth he loses all his possessions.
Squire 7. VI. Winters can attest the truth
of this statement Pat Mccarthy was ar
raignod in the police court Wednesday
morning ON the duplex charge Of being
drunk. disOrlcrly and shooting with intent
10 kill. HIS arrest for these alleged Of
lenses occurred Tuesday night, when u
woman was shot through door in the
thigh. The inst two charges were sus.
tained. and fine of s. imposed
by Acting Recorder Powell. Late in the
afternoon the great barrister appealed 10
the recorder, sitting rs magistrate, TO re.
open the ease ON the ground that he had
some new proof tending to show that the
fine was excessive. His prayer was granted.
The iirst witness placed on the stand, after
relating that Mccarthy was not beasily
drunk and unusually disorderly, was asked
II he saw pistol on the OCCASION OF the
disturbance. lie swore positively that he
saw pistol in the hands OF the accused
"And YOU swear that posiivelyY' asked
the squire, leaning over the caves Of the
throne, his hands clinched until the finger
nails pierced the scant flesh against them.
his Jaws solving the problem Of perpetual
motion in masiicating an enormous quid
Of stingy green and his eyes protruding
from the sockets 10 an extent capable Of
sustaining plug hat
"Why, of course ] do. Wasn't ! stand.
Ing in three feet OF him."
livery good, cXultingly exclaimed the
squire, and, turning 10 his son John, COM
manded him TO make out "a State warrant
for that otlcnse.
The luminous counsellor OF the defend
ant sat rs one stupcficd for u moment,
thoughtiully smoothcd the scattering
locks Of gray hair on the forefront OF his
head, then walked ont 10 gather inspira-
tion from his friendly adversary, Col. 1ay.
lor. Court was adjourned, and Mccarthy
went 90 jail.
Yesterday morning the impcrturablc
and persistent counsellor again appeared
and wanted rchcaring, claiming that he
had more testimony. Again the case was
opened. first, three or four witnesses
testified as 10 the good character OF de-
PENDANT, then came that same fatal wit
ness The most iron-clad rock.ribbcd,
pcbblc-bottomcd, hopes Of heaven and
fcar-of-hades question was put by Squire
Winters as 10 whether his client had n pis-
tol. Uncertainty had taken possession Of
the witness, and while he adhered TO his
story that pistol was seen, II might be
possible that some other fellow ran TO Me.
Carthy's side and stuck the pistol up by
his head. This was a great crumb OF com
fort for the attorney, and he spoke 10 the
squire for an hour or more ON the subject !
OF reasonable doubt, the patriotism Of |
Robert Emmett and the future Of an
archism.
1'm no Jury, said the magistrate, when
tl,o attorney took his seat with bcsceching
eanccs ut is not for me TO consider
reasonable doubts. and your client will
have 10 answer the State warrant"
And the attorney left the courtroom
again, but waited near the threshold until |
the judge got IN ear shot, when he was i'm. |
poriuned Ia come down ON the s. fine.
"lou arr the dod gasicdCst short sighted |
man ever saw, explained the magistrate
In confidential uudcrlone. "Nou don't
know when you'p IN luck. didn't fine
your client $50 ON the city's account for
carrying that pistol; | overlooked that
item just because YOU were interested.
Don't YOU scc?'
That's fact; take n cigar" The case
u closed TO further investigation by mag.
isimtc.